Can an At-Fault Driver Seek Compensation?

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Can an At-Fault Driver Seek Compensation?

29 June 2018
 Categories: Law, Blog


Most people understand that compensation laws are in place across Australia to help those who have been injured in an incident, due to no fault of their own. If they were driving along the road and minding their own business, only to be sideswiped by a car that failed to stop at their junction, this will usually be covered by insurance companies. However, what about the driver who failed to stop in this way and hit the other vehicle? Is there any way that this individual can claim compensation, as well?

Isn't It Obvious?

You may think that the answer is quite obvious. This man or woman did not stop at the statutory intersection, and surely this is a case of negligent driving. While this is technically true, it's important to dig deeper into the case.

Path to Compensation

In many instances like this, the at-fault driver could not help the situation due to extenuating circumstances. They may have been suddenly afflicted by a medical condition that caused them to lose control of the vehicle, resulting in the crash. In this case, there may be an avenue to compensation for this driver.

Certainly, they may not be able to claim traditional compensation, but they may be able to apply for – and receive – statutory benefits.

What Should You Do?

If you were the pilot of the out-of-control vehicle, then you would need to take certain actions at the scene, if at all possible. Of course, if you suffered from a significant medical incident then you would need to get that taken care of first. However, try to make the attendant police aware of the full details as soon as possible. They may agree that this was an inevitable accident, to use the proper legal term and this may trigger some benefits for you in the future.

The Police Report

In most jurisdictions you must get an accident report from the police before you can lodge a claim with the insurer at the state level. They will look at it very carefully and will determine whether any compensation is due. Ideally, you will get payment for your medical expenses and some additional money to help you recover lost wages.

Making a Complete Case

When you are at a treatment facility, ensure that the doctor is aware of all the circumstances and can accurately assess your injuries. All this relevant information needs to be sent to the state insurer, if you're going to stand the best chance of success.

Getting Help on Your Side

Sometimes, this can be a difficult path to follow by yourself. You may benefit from the services of a compensation lawyer to help you deal with the state government.